Skip to main content

Wash. Court of Appeals published opinion — 796925.pdf

Citation
Wash. Court of Appeals published opinion — 796925.pdf
Jurisdiction
Washington (state)
Source verification
official_capture_completeness_unverified

Related Parts of This Source

Full Text

1,800 chars
any act, by itself or as part of a practice, which is intended to or
results in different treatment or differentiates between or among
individuals or groups of individuals by reason of race, color, age,
sex, marital status, sexual orientation, gender identity, genetic
information, political ideology, creed, religion, ancestry, national
origin, honorably discharged veteran or military status, or the
presence of any disability.[12] “Discrimination,” “discriminate,”
and/or “discriminatory act” includes harassment, such as racial and
sexual harassment, as well as harassment based on other
protected classes.

11 Similar language is set forth in former SMC 14.19.060, prohibiting penalizing or

discriminating against an employee in retaliation for exercising rights protected under chapters
14.19. Former SMC 14.19.060 (2014) (Ordinance No. 124644, § 1). Chapter 14.19 SMC was
subsequently amended in 2015 through Ordinance No. 124960, but retains a substantively similar
prohibition. SMC 14.19.055.
12 SMC 14.04.030 defines “[d]isability” as a “sensory, mental, or physical impairment that:

is medically cognizable or diagnosable; exists as a record or history; or is perceived to exist,
whether or not it exists in fact.”

15
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/16

SMC 14.04.030.

SMC 14.04.050 sets forth several exceptions to the code’s general

proscription of disability-based discrimination. Most pertinently, it declares that

such proscriptions, “insofar as they declare discrimination on the basis of the

presence of any sensory, mental or physical handicap to be an unfair

employment practice, shall not apply if the particular disability prevents the

proper performance of the particular worker involved.” SMC 14.04.050(D).